Sandeep Dwivedi vs State Of MP

Akhil Kumar Srivastava, J

This is the first application under Section 438 CrPC for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.226/2020 registered at Police Station - Jai Singh Nagar Distt.- Shahdol (M.P.) for the offence under Sections 8/20, 29 of NDPS Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the police and, has not committed any offence. It is submitted that the contraband (article) has been seized from the co-accused person Mahesh and applicant has been made an accused only on the basis of memorandum of co-accused person. The applicant has no criminal antecedents. The applicant is permanent resident of District and he is not likely to flee from justice. The applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by this Court. Hence, prayer is made to enlarge the applicant on anticipatory bail.

Per contra, learned Panel Lawyer for the respondent/State opposes the application. Counsel for the State submitted that applicant has no criminal record relating to offence punishable under the NDPS Act as per the case diary.

Heard rival contentions of the parties and perused the entire documents available in PDF File. The contraband (article) has been seized from the co-accused person, the applicant has been made an accused in this case only on the basis of memorandum of co-accused and no criminal record relating to NDPS Act is reported against the applicant.

Taking into consideration all facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest or surrender of applicant - SAN Sandeep Dwivedi before the Arresting Authority/Investigating Officer in Signature Not Verified relation to the aforementioned crime number within a period of 15 days from today, he shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to satisfaction of Arresting/Investigating Officer on following conditions:

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the investigation;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant shall inform the Investigating Officer about his address and residence in case he moves out from his permanent address for any point of time;

(6) The applicant will not leave India without previous permission of the Investigating Officer;

(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other conditions as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

The applicant shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.

Certified copy as per rules.